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- IBM Public License Version 1.0
-
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
- PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
- OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
- 1. DEFINITIONS
- "Contribution" means:
-
- a. in the case of International Business Machines Corporation ("IBM"), the Original Program, and
-
- b. in the case of each Contributor,
- i. changes to the Program, and
- ii. additions to the Program;
- where such changes and/or additions to the Program originate from and
- are distributed by that particular Contributor. A Contribution
- 'originates' from a Contributor if it was added to the Program by
- such Contributor itself or anyone acting on such Contributor's
- behalf. Contributions do not include additions to the Program which:
- (i) are separate modules of software distributed in conjunction with
- the Program under their own license agreement, and (ii) are not
- derivative works of the Program.
-
- "Contributor" means IBM and any other entity that distributes the Program.
-
- "Licensed Patents " mean patent claims licensable by a
- Contributor which are necessarily infringed by the use or sale of its
- Contribution alone or when combined with the Program.
-
- "Original Program" means the original version of the software
- accompanying this Agreement as released by IBM, including source
- code, object code and documentation, if any.
-
- "Program" means the Original Program and Contributions.
-
- "Recipient" means anyone who receives the Program under this
- Agreement, including all Contributors.
-
- 2. GRANT OF RIGHTS
- a. Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free copyright
- license to reproduce, prepare derivative works of, publicly display,
- publicly perform, distribute and sublicense the Contribution of such
- Contributor, if any, and such derivative works, in source code and
- object code form.
-
- b. Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free patent
- license under Licensed Patents to make, use, sell, offer to sell,
- import and otherwise transfer the Contribution of such Contributor,
- if any, in source code and object code form. This patent license
- shall apply to the combination of the Contribution and the Program
- if, at the time the Contribution is added by the Contributor, such
- addition of the Contribution causes such combination to be covered by
- the Licensed Patents. The patent license shall not apply to any
- other combinations which include the Contribution. No hardware per
- se is licensed hereunder.
-
- c. Recipient understands that although each Contributor grants the
- licenses to its Contributions set forth herein, no assurances are
- provided by any Contributor that the Program does not infringe the
- patent or other intellectual property rights of any other entity.
- Each Contributor disclaims any liability to Recipient for claims
- brought by any other entity based on infringement of intellectual
- property rights or otherwise. As a condition to exercising the
- rights and licenses granted hereunder, each Recipient hereby assumes
- sole responsibility to secure any other intellectual property rights
- needed, if any. For example, if a third party patent license is
- required to allow Recipient to distribute the Program, it is
- Recipient's responsibility to acquire that license before
- distributing the Program.
-
- d. Each Contributor represents that to its knowledge it has
- sufficient copyright rights in its Contribution, if any, to grant the
- copyright license set forth in this Agreement.
-
- 3. REQUIREMENTS
- A Contributor may choose to distribute
- the Program in object code form under its own license agreement,
- provided that:
-
- a. it complies with the terms and conditions of this Agreement; and
- b. its license agreement:
- i. effectively disclaims on behalf of all Contributors all warranties
- and conditions, express and implied, including warranties or
- conditions of title and non-infringement, and implied warranties or
- conditions of merchantability and fitness for a particular purpose;
- ii. effectively excludes on behalf of all Contributors all liability
- for damages, including direct, indirect, special, incidental and
- consequential damages, such as lost profits;
- iii. states that any provisions which differ from this Agreement are
- offered by that Contributor alone and not by any other party; and
- iv. states that source code for the Program is available from such
- Contributor, and informs licensees how to obtain it in a reasonable
- manner on or through a medium customarily used for software exchange.
-
- When the Program is made available in source code form:
- a. it must be made available under this Agreement; and
- b. a copy of this Agreement must be included with each copy of the
- Program.
-
- Each Contributor must include the following in a conspicuous location in the Program:
-
- Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
-
- In addition, each Contributor must identify itself as the originator
- of its Contribution, if any, in a manner that reasonably allows
- subsequent Recipients to identify the originator of the Contribution.
-
- 4. COMMERCIAL DISTRIBUTION
- Commercial distributors of software may accept certain
- responsibilities with respect to end users, business partners and the
- like. While this license is intended to facilitate the commercial
- use of the Program, the Contributor who includes the Program in a
- commercial product offering should do so in a manner which does not
- create potential liability for other Contributors. Therefore, if a
- Contributor includes the Program in a commercial product offering,
- such Contributor ("Commercial Contributor") hereby agrees to defend
- and indemnify every other Contributor ("Indemnified Contributor")
- against any losses, damages and costs (collectively "Losses") arising
- from claims, lawsuits and other legal actions brought by a third
- party against the Indemnified Contributor to the extent caused by the
- acts or omissions of such Commercial Contributor in connection with
- its distribution of the Program in a commercial product offering.
- The obligations in this section do not apply to any claims or Losses
- relating to any actual or alleged intellectual property infringement.
- In order to qualify, an Indemnified Contributor must: a) promptly
- notify the Commercial Contributor in writing of such claim, and b)
- allow the Commercial Contributor to control, and cooperate with the
- Commercial Contributor in, the defense and any related settlement
- negotiations. The Indemnified Contributor may participate in any
- such claim at its own expense.
-
- For example, a Contributor might include the Program in a commercial
- product offering, Product X. That Contributor is then a Commercial
- Contributor. If that Commercial Contributor then makes performance
- claims, or offers warranties related to Product X, those performance
- claims and warranties are such Commercial Contributor's
- responsibility alone. Under this section, the Commercial Contributor
- would have to defend claims against the other Contributors related to
- those performance claims and warranties, and if a court requires any
- other Contributor to pay any damages as a result, the Commercial
- Contributor must pay those damages.
-
- 5. NO WARRANTY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
- PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
- KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
- WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
- OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
- responsible for determining the appropriateness of using and
- distributing the Program and assumes all risks associated with its
- exercise of rights under this Agreement, including but not limited to
- the risks and costs of program errors, compliance with applicable
- laws, damage to or loss of data, programs or equipment, and
- unavailability or interruption of operations.
-
- 6. DISCLAIMER OF LIABILITY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
- NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
- (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
- ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
- TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
- THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
- GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. GENERAL
- If any provision of this Agreement is invalid or unenforceable under
- applicable law, it shall not affect the validity or enforceability of
- the remainder of the terms of this Agreement, and without further
- action by the parties hereto, such provision shall be reformed to the
- minimum extent necessary to make such provision valid and enforceable.
-
- If Recipient institutes patent litigation against a Contributor with
- respect to a patent applicable to software (including a cross-claim
- or counterclaim in a lawsuit), then any patent licenses granted by
- that Contributor to such Recipient under this Agreement shall
- terminate as of the date such litigation is filed. In addition, if
- Recipient institutes patent litigation against any entity (including
- a cross-claim or counterclaim in a lawsuit) alleging that the Program
- itself (excluding combinations of the Program with other software or
- hardware) infringes such Recipient's patent(s), then such Recipient's
- rights granted under Section 2(b) shall terminate as of the date such
- litigation is filed.
-
- All Recipient's rights under this Agreement shall terminate if it
- fails to comply with any of the material terms or conditions of this
- Agreement and does not cure such failure in a reasonable period of
- time after becoming aware of such noncompliance. If all Recipient's
- rights under this Agreement terminate, Recipient agrees to cease use
- and distribution of the Program as soon as reasonably practicable.
- However, Recipient's obligations under this Agreement and any
- licenses granted by Recipient relating to the Program shall continue
- and survive.
-
- IBM may publish new versions (including revisions) of this Agreement
- from time to time. Each new version of the Agreement will be given a
- distinguishing version number. The Program (including Contributions)
- may always be distributed subject to the version of the Agreement
- under which it was received. In addition, after a new version of the
- Agreement is published, Contributor may elect to distribute the
- Program (including its Contributions) under the new version. No one
- other than IBM has the right to modify this Agreement. Except as
- expressly stated in Sections 2(a) and 2(b) above, Recipient receives
- no rights or licenses to the intellectual property of any Contributor
- under this Agreement, whether expressly, by implication, estoppel or
- otherwise. All rights in the Program not expressly granted under
- this Agreement are reserved.
-
- This Agreement is governed by the laws of the State of New York and
- the intellectual property laws of the United States of America. No
- party to this Agreement will bring a legal action under this
- Agreement more than one year after the cause of action arose. Each
- party waives its rights to a jury trial in any resulting litigation.
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